[2024] UKUT 175 (LC)

This is an appeal from a decision of the First-tier Tribunal (“the FTT”) made in exercise of its jurisdiction under section 27A of the Landlord and Tenant Act 1985 to determine whether service charges are payable. The FTT made a number of determinations in relation to the service charges demanded of leaseholders in St David’s Square, a large residential development on the Isle of Dogs; just two of those determinations are appealed, one by the leaseholders and one by their landlords who are the freeholders of the development.

The leaseholders have been designated the appellants and the freeholders as respondents and cross-appellants, but these are two appeals on two different points and I refer to the parties as “the landlord” and “the leaseholders” throughout for the avoidance of confusion. In the FTT the leaseholders were the applicants and the landlord the respondent.

92 leaseholders were applicants in the FTT; four further leaseholders joined in the application for an order under section 20C of the Landlord and Tenant Act 1985 (preventing the landlord from recovering its litigation costs from the leaseholders as service charges). In the Upper Tribunal those 92 appellants appeal the two substantive points, and the further four together with 30 more leaseholders have joined in only in order to make a further section 20C application in respect of the appeal proceedings. A list of the participating leaseholders is appended to the decision.

The leaseholders were represented in the appeal by one of their number, Mr Liam Spender, and the freeholders by Mr Simon Allison of counsel, and I am grateful to them both.